(1.) O. P. Mebrotra, J.
(2.) APPELLANTS Mirsa Saheem Beg (wrongly mentioned as Salig Beg in memo of appeal) and Bhurru have filed this appeal against the order dated 31-1-79 passed by IVth Additional District Judge, Banda convicting them for the offence under section 323 IPC and sentencing them to undergo rigorous imprisonment for seven months and a fine of Rs. 500/- each and in default to undergo (further rigorous imprisonment for three months.
(3.) HAVING heard learned counsel for the appellant and learned AGA, I do not find any merit in this appeal so far as the conviction under section 323 IPC was concerned. It is correct that independent witnesses of the occurrence have not been produced but in my opinion the testimony of injured Swami Nath Pathak coupled with the testimony of his brother Prem Prakash Pathak, who took the injured to the hospital and lodged the first information report and corroborated by medical evidence, was sufficient to prove the prosecution case against the appellants.